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The pipes re frozen and there is ice around the water tank.

Customer Question
The pipes re frozen...

The pipes re frozen and there is ice around the water tank. I informed my landlord weeks ago that the water tank was leaking and he said he would fix it and never did. He was suppose to insulate the basement and put in a new gas furnace before winter and didn't. Now the pipes are frozen for the past 3 days. I gave him a 30 day notice that I was moving this month. Can i hold the rent since I cannot even stay in the house. And he can go ahead and just keep my security deposit for it?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

West Virginia

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

It is month to month now. Not from me I have kept very clean. Just the things he has not done.

Submitted: 7 months ago.Category: Landlord-Tenant
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1/2/2018
Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 32,801
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified
Good morning. The law does allow the withholding of rent but there are proper legal steps which must be taken and I have provided a link below to the law and what must be done if you are going to do this. If not done properly the landlord could proceed and evict and sue and impose a claim on the deposit for the money owed. Their actions could support a breach and you may prevail but you want to go through the proper steps
https://law.lis.virginia.gov/vacode/title55/chapter13.2/section55-248.27/
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Lawyer: LandlordTenantAnswer, Attorney replied 7 months ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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